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United States of America v. Roger Loughry, Also Known As Mayorroger

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ARGUED MAY 5, 2011

Before MANION, WOOD, and WILLIAMS, Circuit Judges,

Roger Loughry was convicted of advertising, distributing, and conspiring to advertise and distribute child pornography through an online deposi-tory called the “Cache.” Only “lascivious exhibition” pornography, which included the exhibition of girls’ genitals, was permitted on the Cache. Images depicting sexual contact or other sexually explicit material were prohibited. Over Loughry’s Federal Rule of Evidence 403 objection, the district court allowed the government to show the jury several uncharged videos depicting “hard core” pornography discovered in Loughry’s home. We conclude that the district court erred in admitting the “hard core” pornography without examining it, in not explaining its reasoning under Rule 403, and in admitting the evidence even though it was highly inflammatory and had only minimal probative value. These errors were not harmless. Therefore, we reverse.

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